Perry Roofing Company, Petitioner v. Eugene D. Olcott, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that statutory prejudgment interest under article 5069-1.03 does not apply when a contract lacks a measure to ascertain damages, and that equitable prejudgment interest under article 5069-1.05 may be awarded at a ten percent rate. Justice Wallace dissented, arguing that the six percent statutory rate should apply to contract cases.